News & Analysis as of

Fair Housing Act (FHA)

Additional Eruv Disputes in New Jersey

We recently posted about a lawsuit filed by Bergen Rockland Eruv Association, Inc. (“BREA”) against the Township of Mahwah, New Jersey, regarding a dispute over the expansion of an eruv. Since then, eruv disputes have evoked...more

In Luce, The Seventh Circuit Joins the Third, Fifth, Tenth, and D.C. Circuits in Adopting a Proximate Causation Requirement for...

In United States v. Luce, the U.S. Court of Appeals for the Seventh Circuit recently held that a plaintiff suing under the False Claims Act (“FCA”), 31 U.S.C. § 3729 et seq., must demonstrate not merely that the government...more

Some Thoughts On Live-In Aides And Fair Housing

by Fox Rothschild LLP on

A Fair Housing Defense blog reader sent me a question about live-in aides which I thought I would answer with some general guidance in a post. First, in order to have a live-in aide, a resident would need to meet the...more

DOJ Settles FHA Cases Alleging Sexual Harassment And Announces New Initiative To Fight Sexual Harassment

by Fox Rothschild LLP on

The Department of Justice (DOJ) recently announced that it has settled a handful of cases in which plaintiffs made allegations of sexual misconduct under the Fair Housing Act (FHA) and resulting discrimination. In one case,...more

A New HUD Rule for Reverse Mortgages, with Additional Rule Changes Proposed in Congress

by Hinshaw & Culbertson LLP on

This past month, Washington was busy with rule changes and proposed legislation that underscores the ongoing debate over the origination and foreclosure of reverse mortgages. First, the U.S. Department of Housing and Urban...more

Would the 7th Circuit Have Changed Its FCA Standard but for Peer Pressure?

The Seventh Circuit finally abandoned its “but-for” causation standard for False Claims Act (FCA) damages. The decision comes 25 years after the Seventh Circuit first adopted its controversial standard requiring only a...more

What Can Happen If A Builder Only Wants To Sell Homes To Members Of One Religion?

by Fox Rothschild LLP on

A real world example of developing a community without knowledge of or procedures to comply with the Fair Housing Act (FHA) is on display in Maryland right now. A developer started work on a community (with just under 60...more

U.S. District Court Issues Important Emotional Support Animal Medical Verification Opinion

by Fox Rothschild LLP on

I have written in this space (and elsewhere) about the difficulties encountered by professional apartment management companies in the face of emotional support animal medical verifications from residents that are purchased...more

House Prioritizes Housing Finance Reform

by Goodwin on

On October 3, 2017, the U.S. House of Representatives’ Financial Services Committee conducted a hearing on possible housing finance reform measures titled “Sustainable Housing Finance: An Update from the Director of the...more

HUD Resolves Fair Housing Case Against The State Of Maryland For $225,000

by Fox Rothschild LLP on

Pursuant to an agreement announced last week, the U.S. Department of Housing and Urban Development (HUD) announced that it resolved a discrimination complaint filed by local housing advocacy groups against Maryland’s...more

Appellate Court Describes Elements Of FHA Retaliation Claim

by Fox Rothschild LLP on

In a case involving the Americans With Disabilities Act (ADA), the U.S. Court of Appeals for the Seventh Circuit issued a new opinion which details the elements of a retaliation cause of action under the Fair Housing Act...more

Seventh Circuit Sets Proof Paradigm for ADA Interference Claims

by Hinshaw & Culbertson LLP on

Too often, we think of Americans with Disabilities Act (“ADA”) claims in terms of discrimination and failure to accommodate. Employment lawyers typically see interference claims in the context of other employment statutes,...more

DOJ Issues Annual Report To Congress On 2016 ECOA/FHA/SCRA Enforcement Activities

by Ballard Spahr LLP on

The Department of Justice’s Civil Rights Division has issued its annual report to Congress regarding its activities to enforce the ECOA, FHA and SCRA. The report covers 2016 activities that would have taken place under the...more

Bill To Amend The Fair Housing Act Introduced In Congress

by Fox Rothschild LLP on

In an effort to strengthen protections in the federal Fair Housing Act (FHA) against sexual harassment, a member of the U.S. House of Representatives from Michigan introduced a bill earlier this month to further define sexual...more

Timelines For Responding To Reasonable Accommodation Requests

by Fox Rothschild LLP on

In response to a question, here is a short Fair Housing Act (FHA) primer on the timeline for responding to reasonable accommodation or reasonable modification requests. Under our FHA, “discrimination” includes “a refusal to...more

Financial Services Weekly News - September 2017 #2

by Goodwin on

Editor's Note - In This Issue. Federal banking agencies are seeking public comment on their proposed revisions to the Community Reinvestment Act (CRA), the Consumer Financial Protection Bureau (CFPB) released a small...more

Court Awards Nearly $280 Million in Treble Damages Against Former FHA Lender

by Goodwin on

On September 14, 2017, the U.S. District Court for the Southern District of Texas issued an opinion and order against two former mortgage companies and their former president and CEO. The order, which followed a previous jury...more

DOJ Settles Familial Status Fair Housing Act Case For $95,000

by Fox Rothschild LLP on

Last week, the U.S. Department of Justice (DOJ) announced that it settled yet another Fair Housing Act (FHA) case, this time for a total of $95,000. In a case from Washington state, the owners/managers of three apartment...more

Campus Companions: How To Handle Requests For Service And Assistance Animals

by Fisher Phillips on

School officials often receive requests from students with disabilities to bring “service animals” and “assistance animals” on campus as an accommodation. Under the Americans with Disabilities Act (ADA), Section 504 of the...more

Fair Housing Act Advertising Checklist

by Fox Rothschild LLP on

As an apartment management staff member, please know that advertising is absolutely a part of our Fair Housing Act (FHA) compliance efforts. Indeed, the FHA specifically has a section which confirms that it is against the law...more

DOJ Settles Disability Discrimination Fair Housing Act Case For $125,000

by Fox Rothschild LLP on

Last month, the U.S. Department of Justice (DOJ) resolved a Fair Housing Act (FHA) case against a New York based property management company in which the government asserted the defendants discriminated against a prospective...more

Issues With Online Emotional Support Animals Medical Verifications

by Fox Rothschild LLP on

The issue of online medical verifications for emotional support animals (ESA’s) is an ongoing problem for professional apartment management. As written in this space before, we want to approve all legitimate reasonable...more

National Lender Settles False Claims Act Allegations with DOJ for Over $74 Million

by Goodwin on

?On August 8, 2017, the Department of Justice (DOJ) announced that a national lender agreed to settle allegations that it violated the False Claims Act. The settlement resolves allegations that the lender originated and...more

DOJ Settles Sexual Harassment Fair Housing Act Lawsuit For $600,000

by Fox Rothschild LLP on

The U.S. Department of Justice (DOJ) recently announced that it settled a Fair Housing Act (FHA) discrimination lawsuit with the owners/managers of more than 70 residential properties in West Virginia to resolve allegations...more

US Attorney Announces Settlement with Florida Condominium Complex Over Alleged FHA Reverse Mortgage Fraud

by Goodwin on

On July 20, 2017, acting United States Attorney Stephen Muldrow announced a civil settlement with the owner of a Florida condominium complex over fraudulent reverse mortgage transactions. Defendant had been accused of...more

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